Legal Question in Family Law in Maryland

Iam filing for absolute divorce. I know I can either file for the reasons, "desertion" and "cruelty of treatment". However I don't know what type of desertion I can file for. "actual desertion" or "constructive" desertion. As for "cruelty of treatment", my children and I have never been physically abused, but there has and still is mental, and verbal abuse towards us. Can I still file under cruelty of treatment even though no physical harm is done?


Asked on 5/25/12, 7:02 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Most of the "cruelty of treatment" cases are based upon behavior much more extreme than mental cruelty. If you have been separated for a year, you can file on that "no fault" ground which is the easiest to prove. As for desertion, "actual" means your spouse left and has been gone for a year. "Constructive" means you left because your spouse made life so intolerable for you that you had no choice but to leave.

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Answered on 5/25/12, 7:34 am


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